It is in everyone`s interest to ensure that all subcontractors have their own insurance in the event of an accident. If this is not the case, any injury sustained during work on the home renovation project can be passed on to the homeowner if the contractor does not have the right insurance. The court rejected Robert West`s claim on the grounds that Robert West`s allegations had no real prospect of success and constituted “an ingenious but illegitimate attempt to hold the prime contractor liable on behalf of the acts or omissions of its independent subcontractor.” In general, if the work cannot be done without causing damage or committing any type of harassment, such as controlled detonations, leveling of buildings in an overcrowded city, etc., then the work is inherently dangerous, and the person who hires an independent contractor to perform the work is also liable for the damage, caused by working on third parties, such as the independent contractor. Rogers, 159 Me. 278. In addition, general contractors are responsible for meeting the requirements for hazardous substances (section 10.3). Typically, contractors request to be added as additional insureds under subcontractors` insurance policies, and customers will request to be included as additional insureds in contractors` policies. This means that if a subcontractor causes damage and you, the contractor, are named in the lawsuit, you can have the claim covered by the subcontractor`s policy and not by your own if you are listed as an additional insured. But in reality, even small home renovation projects present many challenges for litigators and insurance clerks when it comes to clarifying things between homeowners, contractors, and subcontractors when problems arise. Robert West first based his plea of contributory negligence on the first of the above exceptions, which he confirmed in his response to a request for additional information from Willmott Dixon in December 2015. It also expressly stated that Robert West had not claimed that Willmott Dixon was liable on behalf of the subcontractor`s alleged negligence. It is possible that the same company acts as a subcontractor on one project and as a contractor on another, depending on who hired the company. It is also possible for subcontractors to engage their own subcontractors.
If a negligent subcontractor is injured on the job, the general contractor is not necessarily liable. Contractors usually don`t monitor all the details of a subcontractor`s work. However, they are responsible if they retain control of all the work carried out. While subcontractors and subcontractors are expected to operate according to OSHA requirements and practice good safety on the construction site, the general contractor is still primarily responsible for worker safety. Barthet adds, however, that it is not legal in all states to require subcontractors to waive their future privileges. Instead, it proposes agreements in which subcontractors waive their rights to any type of payment measure related to that work when they pay for completed work. For larger projects, contractors often require subcontractors to have higher insurance limits – typically $5 million or more – that typically exceed the limits of general liability insurance. Subcontractors must take out umbrella or excess insurance in these cases. So who is responsible if the new roof leaks after a week of heavy rain? Who should be held responsible for faulty wiring in the new room? Who pays when a subcontractor working on the roof falls and gets injured? Long ago, owners and contractors were not held responsible for the negligence of subcontractors or employees. However, there has been a change in the industry as the number of subcontractors has increased, as well as an increase in the number of subcontractors hiring other subcontractors.
For this reason, it becomes more difficult for those who have suffered damage due to poor subcontracting to take legal action. This opened the door for owners and general contractors to be held accountable for these issues – but not in all cases. .